Key Problems in Prosecuting Corruption in Bosnia and Herzegovina: A Substantive Law Perspective

Key Problems in Prosecuting Corruption in Bosnia and Herzegovina: A Substantive Law Perspective

The reasons for the weak results of the judiciary in BiH in the prosecution of corruption are manifold. They range from the very nature of the phenomenon of corruption, which often takes place in secrecy, due to the interest of the participants themselves, which makes it particularly difficult to detect, to the inadequate institutional and legislative framework. The recommendations of international bodies, as well as the observed problems in practice, offer important guidelines for amending the legal framework in a way that would enable progress in this area.

In our new discussion paper devoted to the complex problem of prosecution of corruption in BiH, Adela Bejtović Janušić addresses key obstacles to a more effective judicial response to corruption, as seen from a substantive law perspective, that is, from the perspective of the definition of corruption criminal offenses. Particular attention is devoted to examining the extent to which the legal framework in BiH is aligned with the international standards and recommendations of the relevant international bodies in this field. The author concludes that the practice of prosecuting corruption points to the incompleteness and imprecision of certain provisions of criminal codes in BiH. Nonetheless, formulating concrete amendments that would clarify the legal framework and make it more coherent in relevant parts requires a serious and comprehensive analysis of case law on corruption that is still missing.

This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the Center for Social Research Analitika and can in no way be taken to reflect the views of the European Union.